Elliott v. Bankston
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard before Hon. W. W. Haealson. Action by W. M. Bankston against J. M. Elliott, Jr., for damages for the breach of a lease, contract. There was judgment for plaintiff and defendant appeals.
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Appeal from Etowah Circuit Court. Heard before Hon. W. W. Haealson. Action by W. M. Bankston against J. M. Elliott, Jr., for damages for the breach of a lease, contract. There was judgment for plaintiff and defendant appeals. The declarations of an agent as to bygone transactions are not admissible against his principal, nor are bygone transact.iaons themselves admissible when they lie outside of the agency attempted to be shoAvn. — 12 Ala. 252; 30 Ala. 553; 61 Ala. 139. The attempted lease Avas violative of the statute of frauds. — Norman v. Molett, 8 Ala. 546; 69 Ala. 358; Brown on Statutes…
1Opinion of the CourtMcCLELLAN, J.
This action, instituted by the appellee against the appellant, sounds in damages for the breach of a contract for rental of real estate for a term of six years; an eviction of the appellee under title paramount being averred in jthe complaint. The several issues present in the case are raised by pleas of the general issue, of the statute of frauds, of non est factum, and of recoupment. The contract, upon which alone the suit is founded, is in writing, and purports to be an engagement of the tenor stated in the complaint, and to be executed by one Gardner as agent for appellant. Objection to…
2Cases cited10 opinions
- United States v. DicksonSupreme Court of the United States · 1841
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Thompson v. New South Coal Co.Supreme Court of Alabama · 1902
- Ex parte LuskSupreme Court of Alabama · 1886
- Snodgrass v. ReynoldsSupreme Court of Alabama · 1885
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3Cited by4 opinions
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Lovoy v. RatliffSupreme Court of Alabama · 1963
- Ex Parte BurkeSupreme Court of Alabama · 1947
- Burford v. TuckerSupreme Court of Alabama · 1937